Paper Title
PROTECTION OF THE RIGHTS OF CLIMATE REFUGEES: EMBRACING A ROBUST INTERNATIONAL LEGAL ARCHITECTURE
Abstract
People are being forced to seek refuge in other parts of the world due to the effects of climate change and has led to a new subgroup of refugees known as climate refugees. Despite data pointing to a clear link between climate change and forced migration, climate refugees are yet to be covered by any international legal framework.
However, it must be noted that the solution to this problem lies not only in terms of the determination to solve the problem but also a resolute to amend the legal regime underlying the challenge. Present legal instruments, such as the 1951 Refugee Convention and the 1994 UN Climate Change Framework proved largely inadequate to protect the rights of climate refugee having been constructed for different purposes and being limited in their application.
This paper suggests how the current protection gap in international law shall be remedied. A robust legal architecture is proposed and this architecture should create obligations to deal with both prevention and remediation of the climate refugee problem by establishing guarantees of human rights protections and humanitarian aid for climate refugees. it should also spread the burden of fulfilling those guarantees across the home state, host state, and international community and should also form institutions to implement the provisions, including a global fund, a coordinating agency, and a body of scientific experts.
Keywords - Climate Change, Climate Refugees, Human Rights, Legal Architecture, International Law.